Opinion
October 14, 1986
Appeal from the Supreme Court, Nassau County (Roberto, J.).
Ordered that the judgment is reversed, on the law and the facts, without costs or disbursements, the motion is granted, and the complaint is dismissed as against the appellant.
The plaintiff recovered a verdict for damages sustained as a result of an accident which occurred when she fell and hit her wrist against a bent parking meter pole. There was no evidence that the defect was caused by the municipality, and thus, compliance with the prior written notice provision of the Code of City of Long Beach § 256A (1) was an essential element of the plaintiff's cause of action. Since she failed to either plead or prove compliance with the code's notice provision, the city's motion to dismiss the complaint as against it should have been granted (see, Freeman v County of Nassau, 95 A.D.2d 363). Mollen, P.J., Thompson, Weinstein and Rubin, JJ., concur.